Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-19
LAND ENCLOSURE BILE.
Full Text Of Temple HOGstOn's Bill to
Prevent the Unauthorized In.
closure OF Land.
The Maintenance of The Existing Unau-
thoriZed Enclosures is Made
Penal Offense.
Special to the Gazette.

special 10 the Gazette.
AUSTIN, TEX, Jan. lS.-Following is
the full text OF Senator Houston's land
Enclosure measure introduced IN the SEN
ate, entitled: A bill, to be entitled an act
to prevent the unauthorized Enclosure of
land, and to make the maintenance of
existing unauthorized Enclosures of such
penal.
Sec. /. That no person or persons shall
iacIose any land belonging to the state of
Texas, or 10 any county, or city, or indi-
vidual, or to any private corporation
without authority therefor in writing.
Sec. =. That each and every person who
now has inclosed any land belonging to
the state of Texas, county or city or in
dlvidual, or to any private corporation.
without authority therefor in writing,
AID who shall permit the said land to re-.
main incloSed, Shall be guilty of an
offense and shall be punished as herein
after provided.
Sec. 3. That before any such authority
as provided in sections and of this act
shall be considered to DE lawful, or of
any force or effect, it snail be acknowl-
edged and recorded, as in the case of
other conveyance of lands; provided, that
no acknowledgement shall be nee
essary in any case where the authority to
inclose any land belonging to or con.
trolled by the state, or any county, or any
city in the state, shall be in question, but
the signature of the proper authority of
the state, county or city of the instru-
ment has been recorded shall be prima
facie evidence Of such authority.
Sec. T. That for each and every thirty
days unlawful Enclosure or unlawful
maintenance of the unlawful Enclosure
of lands as provided In sections l aud 2
hereof, from and after the passage of
this act, shall constitute and be deemed
a complete offense.
Sec. 5. That each and every person
violating the first or second section of
this act shall be punished by imprison-
ment IN the penitentiary for not less tn n
two years Nor more than five years, or by
fine not less than $3.50 nor more than
$500, or by both. such fine and Imprison-
ment.
Sec. 6. That any act which appropri-
ates, or is calculated to appropriate, or
which may have tendency to appropri-
ate to the exclusive use of any person or
persons, or corporation any such lands,
shall be deemed an inclosure, and shall
be SO held in any prosecution under this
act.
Sec. I. That when any such unlawful
Enclosure shall be made by corporation
or joint stock association oricompany,auy
ana every officer or agent or manager
thereof shall be deemed guilty person,
G nd Sha1l he nnniShaH no
vided.
Sec. s. That every person who is &C
tually present and knowing the unlawful
intent OF the person or persons unlaw-
fully inclosing lands under this act, and
who shall aid by act or encourage by
words or gestures those actusll7 engaged
in the commission of said offense, or
who, not being actually present, keeps
watch so as to prevent interruption
of those unlawfully engaged or who shall
advise, instruct or by voice or by letter
or otherwise the person or persons to
commit any Enclosures of lands in viola
ton of section 2 or of this act are prin-
cipal offenders, and may be prosecuted
and convicted as such.
Sec 8. That persons out of the state
may commit and be liable to indictment
and conviction for committing any of the
offenses enumerated in this act, which do
not in their commission require per-
sonal presence in the state. The
subject of the act beng to
reacn and punish all persons offending
against its provisions, whether within or
without the state, an indictment under
this act may be presented by the grand
jury of Travis county, in this state.
Sec 10. Nothing in this act shall be
construed as applying to persons that,
owing to erroneous surveying, have in
closed in good faith lands not their own;
provided, further, that it shall appear
that each person had the right
to inclose the amount OF land
actually intended to be Enclosed by such
persons.
Sec. II. Nor shall anything herein be
considered as applying to actual settlers
who are applicants or occupants
in good fsith for the purchase
of lands belonging to the state or any OF
the lands thereof where the amounts so
inclosed are less than $40 acres. ...ss
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